HomeMy WebLinkAboutItem III
PLAN COMMISSION STAFF REPORT AUGUST 1, 2023
ITEM III: PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT
(UMU) TO URBAN MIXED USE DISTRICT WITH PLANNED
DEVELOPMENT OVERLAY(UMU-PD) AND APPROVAL OF A GENERAL
DEVELOPMENT PLAN AND SPECIFIC IMPLIMENTATION PLAN FOR
PROPERTY LOCATED AT 1514 OREGON STREET
GENERAL INFORMATION
Owner/Applicant: Haferman Property Management LLC
Action(s) Requested:
The applicant requests a zone change from the existing Urban Mixed Use District (UMU) to
Urban Mixed Use District with a Planned Development Overlay (UMU-PD). The applicant also
requests approval of General Development Plan and Specific Implementation Plan to allow for
construction of a ten (10) foot high fence surrounding an outdoor patio.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance.
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site consists of one 0.169-acre parcel, located on the east side of Oregon Street south of
W. 15th Avenue. The subject site is currently used by Pete’s Garage Bar. The surrounding area
consists of a mix of one and two family residential homes and commercial uses as well. The 2040
Comprehensive Land Use Plan recommends City Center use for the subject site.
Subject Site
Existing Land Use Zoning
Commercial UMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial UMU
South Residential UMU
East Residential UMU
West Commercial/Residential UMU
Recognized Neighborhood Organizations
None
Page 1
ITEM III: Rezone & GDP/SIP 1514 Oregon St. 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Center City
ANALYSIS
Zone Change
The applicant is requesting a zone change from the existing Urban Mixed Use (UMU) Zoning
District to Urban Mixed Use with a Planned Development Overlay (UMU-PD) Zoning District.
This request is intended to provide some flexibility to the zoning ordinance to allow for a ten (10)
foot tall fence around an outdoor patio area in the rear yard of the subject site. The applicant had
previously obtained the proper permits for a concrete patio area and is now asking for the fence
height to be increased. The patio area plans will be addressed as part of the General Development
Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the
proposed rezone to allow for the fence height adjustment.
Use/Site Design
The applicant was previously approved to construct an outdoor patio space with a handicap
ramp, 6’ tall fence, and dumpster enclosure in the rear yard of the property. The additional site
design change at this time is to construct a 10’ tall fence surrounding the outdoor patio area. The
proposed fence would have a customer entrance off of the parking lot to the north. No change
would be made the existing building.
Therefore, the applicant is requesting a base standard modification to allow a fence that will
exceed the 8’ tall maximum allowed in this zoning district. The proposed fence height would
have been allowed prior to the 2017 zoning code update and similar previous projects have been
supported. The applicant states several reasons for requesting the taller fence. The applicant
believes the additional 2 feet of fence will help deter patrons from attempting to throw drink
glasses, bottles, and cigarettes over the fence and on to adjacent properties. The applicant believes
the additional height will also give patrons a better sense of enclosure within the patio. Lastly, the
applicant believes the taller fence will help shield patron’s views of the dumpster area to the east,
along with its potential bad odors.
Planning Staff is in support of a base standard modification to allow the 10’ tall fence to help
mitigate any noise pollution from the outdoor patio area onto neighboring properties and to help
screen the area as well. Additionally, the applicant plans to landscape the areas directly around
the fence to beautify the site and break up the fence façade.
Inspection Staff stated that 10’ tall fences are considered a utility structure under the IBC and that
the applicant must provide calculation details to show how the fence will be anchored to resist
wind and uplift forces and that modifications may be needed prior to permit issuance. This can be
addressed during the permitting process for the additional fencing.
Page 2
ITEM III: Rezone & GDP/SIP 1514 Oregon St. 3
Old patio area
Page 3
ITEM III: Rezone & GDP/SIP 1514 Oregon St. 4
New patio area
Page 4
ITEM III: Rezone & GDP/SIP 1514 Oregon St. 5
Landscaping plan for around fencing
Signage
The applicant did not submit any information regarding signage. All future signage for the
property will be addressed under a sign permit.
Landscaping
The applicant provided a landscape rendering, which indicates new landscaping on all three
sides of the fence. Staff feel the landscaping being proposed will properly break up the fence
façade from neighboring properties and is a good offset for the BSM request.
Storm Water Management/Utilities
No Storm water management plans have been provided for this project as it only relates to fence
height.
Building Facades
No changes are being proposed to the existing building facades.
Page 5
ITEM III: Rezone & GDP/SIP 1514 Oregon St. 6
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
(b) Is in harmony with the Comprehensive Plan.
(c) Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(ii) Factors have changed (such as new data, infrastructure, market conditions,
development, annexation, or other zoning changes), making the subject
property more appropriate for a different zoning district.
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based
on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City to determine
such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs
of the subject site.
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(h) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
Staff recommends approval of the Rezone, General Development Plan, and Specific
Implementation Plan with the findings listed above and the following conditions:
1. Base standard modification to allow a 10’ tall fence in the rear yard around outdoor patio
area.
Page 6
Citya
0~ Oshkosh
APPLICANT INFORMATION
City of Oshkosh Application
Zoning Map Amendment (Rezoning)
**PLEASE TYPE OR PRINT USING BLACK INK**
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh. Wisconsin 54903-1130
PHONE: (920) 236-5059
Petitioner: a~~et" H-~tt<Y"'4--
Petitioner' s Address: I S: 1'-l O<t 5 ll'A-St"
Date: b/11/'J.()~3
City: OsLdtoi~ State:~Zip:~•.:Z..
Telephone#: (~1-o) :Z.l.t·..J8btc' Email:
/14_,,..,.;/.1,-(.i+'-~ pck>?4-""'5« b..,, )ooS if:' Contact preference: Ill' Phone 18 Email
Status of Petitioner (Please Check): , Owner Re~~esentative 9Tenant Prospective Buyer
Petitioner's Signature (required)~ -c?: -=---Date: I It, /u;i.J
OWNER INFORMATION
Owner(s): (Pew I ltci..~-1 V"'-..._ Date: b /Iii U).1
Owner(s) Address: Jo I I W:; ij-u; \-"=)-<-A,,-< City: App 1-t ""-State: w~ Zip:~
Telephone #: (~'2.o) ?-J'.'1•((,._n Email: _______ _ Contact preference: IS Phone Email
Ownership Status (Please Check): Individual Trust Partnership
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons.
Property Owner's Signature: ~#-----------Date: h/11 /-l .. o,)
ZONING AND DEVELOPMENT INFORMATION
Address/Location of Rezoning Request: I S: I ':I O ft, ""-St D~ \.. \c. o~ '-... S"1\ 'f O '2.
TaxParcelNumber(s): OJ OL.f8'.8'0000
Rezone property from: _ ___:U~tt-~\..,J,__ __________ to u Mv -PD
Purpose for Rezoning:_li<.i..::.a:~'-'<"'-"'Oc:.Y\.-=i~ ........... +: .... o"---'4.c=I....,\~•~"->~~' =O_'~k-O~~C.-<-~A-~<~o~u~-~cl"--lf~~;t_,_o__,(.,,J/~l~,~~4~_,,.---
"l,C2"-a! g')
Describe existing property development and land use: C ... o ·-t b:< ""-i c.JS•« ~, 11..e...)r-o
Describe proposed development and/or proposed land use: tJ»+ J.oo< pJ-to (A\r~ ±:"-,.,,~ IA )t\..
0.... IO' f<-rl\C.( 6 "-O o-< +':-: 1 (A\.f-c,.. .... ,l 5 •" ') il-t'
Pro tim chedule for develo men! and/or use of the roP.erty~ ,
Zoning Adjacent lo !he Sile: North: __ <iJi=./ _...:,i.,.,_..t,....,\_._;~¥-"-s _,,fo.L....Co....::..X,:.._-----------
South: _ _jRt=-«c.1)c.:..'• =.;"-::.~-=---'H.;_J.-'-'----------------
East: R.,•,d,1...._-kJ {.[."'-'-f. ,,.,J'> Jo~-d Frv-lo+'-,.•)
West:
Sign ___ Staff ___ Date Rec'd __ _
Page 7
City of Oshkosh
SUBMIT TO:
Dept. of Community Development
215 Church Ave .. P.O. Box 1130 a City~-o~ .Oshkosh Planned Development Application ~~~~i9~i5;;i~9
for General Development Plan or Specific Implementation Plan
-PLEASE TYPE OR PRINT USING BLACK INK*"
APPLICANT INFORMATION
l'j)<.J'(.,f He..fe,.,...,o.."'--(tp .. ~l ac..-,,4..~,'r.>c.;'} Dote: h/11/?..o,._3 Petitioner:
Petitioner's Address: IS I '-1. O,-c.~ • ... s-t. City: 0 s I.-. \c.o \ Stole: I.J~ Zip:~ :1.
tJt1-il,oo-ti~..--~
Telephone#: (4M>) llLf· :ti U' Email: ptkr, .,,. "'1, 1,..,. 2/>t>f Cdntocl preference: 11!1 Phone jll Email
Status of Petitioner (Please Check): jl Owner o Represen live Tenant D Prospective Buyer
Petitioner's Signature (requi
OWNER INFORMATION
Dote: b/n /'l-4~J
Owner(s): _ b/ II /J..>2-)
Owner(s) Address: Jo 11 l.v H'(.< it 0..5 t Av< City: Ap, ),-h,,-... State: w.r Zip: _Ejj'/
Telephone#: (1l-o) '-l"I-Cl,._n Email: ________ _ Contact preference: l:J Phone 1111 Email
Ownership Status (Please Check): o Individual o Trust o Partnership o Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter
upon the property to inspect or gather other information necessary to process this application. I also understand that all
meeting doles ore tentative and may be postponed by the Planning Services Division for incomplete submissions or other
administrative reasons.
Property Owner's Signature: ....:....~-.tf:.:<!J,,,-,!_...!.#+=if.!-=!:.-!,,:=======-=-==-----Dote: 6 /1, j?I >-3
-=--------------TYPE OF REQUEST:
lli!l"'Generol Development Pion (GDP)
D Specific Implementation Pion (SIP)
General Development Pion (GDP) Amendment
D Specific Implementation Pion (SIP) Amendment
SITE INFORMATION
Address/Location of Proposed Project: _,.!.l__.5"L..L..I Y,:L.__,_txc.c,_t~5_,,•c.:....._:::....,,Se....:tc:.. ________________ _
Proposed Project Type: _'R~e,_,);...,o.._Y\....,..,___,£.L-'rL.,o'-"-=-------------------------
Currenl Use of Property: -~.,-C'"'--¼.,._,_i .. t> ____________________ .Zoning: UM\)
Land Uses Surrounding Your Sile: North: _'j)L-~'-';-"l("-;rf-')_--r;.,_,,..,,.,)(L--------------------
South: _~~-e,._\,_,,_.e,l,,_._,,..,D...J..t,,_,· u,,,,,. ___________________ _
East: 1!-«,;olc"'HJ (fr.,.c• C!"ch )O'H-~ lo-I-lii-c')
West: ---'D""-'-"-'-t-)5-=-0--="-~S<.!~.:...f"-'e"-t''------------------
It Is recommended that the appllcant meet with Plannlng Services staff prior to submlttal to discuss the proposal.
Appllcallon fees are due at lime of submlttal. Make check payable to City of Oshkosh.
Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please visit the City's website at www.ci.oshkosh.wi.us/Community_Development/Plonning.htm
Sign ___ Stall ___ Date Rec'd __ _
Page 8
/ Proposed grading plan. . . . . . . . .
Specific landscaping plan for the subject site, spec1fy1ng the lo~?t1on, species, and 1n~tallat1on size of
plantings. The landscaping plans shall inclu~e _a table s~mm<?nzmg all propose~ species.
Architectural plans for any nonresidential buildings,_ m~l~1-family sti:uctur~s_, or build1_ng <:lus!ers, other than
conventional single-family or two-family homes on 1nd1v1dual lots, 1n sufficient detail to 1nd1cate the floor
area, bulk, and visual character of such buildings. .
Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and
walkways. . . . . . . . . Signage plan for the project, including all proiect 1denhf1cat1on signs, conc~pts for public fixtures and signs,
and group development signage themes that may or may not vary from City standards or common
practices.
Specific written description of the proposed SIP including:
• Specific project themes and images.
• Specific mix of dwelling unit types and/or land uses.
• Specific residential densities and nonresidential intensities as described by dwelling units per acre,
and landscaping surface area ratio and/or other appropriate measures of density and intensity.
Specific treatment of natural features, including parkland.
Specific relationship to nearby properties and public streets.
• Statistical data on minimum lot sizes in the development, the precise areas of all development lots
and pads; density/intensity of various parts of the development; building coverage, and
landscaping surface area ratio of all land uses; proposed staging; and any other plans required by
Plan Commission.
A statement of rationale as to why PD zoning is proposed. This statement shall list the standard
zoning requirements that, in the applicant's opinion, would inhibit the development project and the
opportunities for community betterment that are available through the proposed PD project.
A complete list of zoning standards that would not be met by the proposed SIP and the location(s)
in which such exceptions/base standard modifications would occur.
Phasing schedule, if more than one development phase is intended.
Agreements, bylaws, covenants, and other documents relative to the operational regulations of the
development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.
A written description that demonstrates how the SIP is consistent with the approved GDP and any and all
differences between lhe·requirements of the approved GDP and the proposed SIP.
I hereby certify that to the best of my knowledge all required application materials are Included with this
application. I am awa,e lhot lolu,e to ,ubmit the requlred~ompleted appllcollon motedab ..., ,e,ult m denial °'
delay of the appUcotlon ,eque,t. =:::::::--.
AppUcont•, Slgnaiu,e (<eq4.S Dole, A/u ) H;,3
3 Page 9
We are requesting a zoning change from UMU to UMU-PD.
We are requesting this zone change to enable us to construct a 10’ fence around our patio at
1514 Oregon Street (Pete’s Garage Bar) on the North, South and east side. Only the south-side
borders a lot line.
Currently, the code for a commercial fence is 8’ tall. The request for the 10’ fence around the
patio is for 4 reasons:
1) It benefits our neighbor to the south. This is the only side of the fence that borders the
property line. We have built a good rapport with our neighbor, but we also know that having a
bar next to them can be annoying. We can’t always control what goes over an 8’ fence, but a
10’ would definitely deter anything from flying over it (whether on accident or on purpose).
This patio (as with the deck we used to have), also serves as an outdoor smoking lounge.
Smokers aren’t always the most considerate when it comes to ridding their cigarette butts
(even though there are ash trays everywhere). The higher fence would lessen (hopefully halt)
the chance of cigarettes butts getting flicked onto the neighbor’s property. We certainly don’t
anticipate any of this happening, but adjusting the fence height would hopefully offset the
possibility in the future.
2) Aesthetically, a higher fence will give our patrons a better sense of being in an enclosed
area, yet still being outside. An 8’ fence may still give them the impression that they are
eating/drinking in the parking lot.
3) The extra 2’ would block the sight of the dumpsters on the East side of the patio. Dumpsters
bring with them an amazing aroma and bees (And a slew of other pests). The proposed height
would hopefully lessen the amount of bees by the patrons, thus, enhancing their outdoor
dining experience. The fence would also block more of the odors coming from the trash
dumpsters.
4) The Higher fence would absorb more noise and block more sound for the surrounding
properties. Phillips Tax, the professional business to the north, would definitely appreciate that
for their clients, as would the residential neighbors.
Also, in lieu of being granted the higher fence, we will landscape around the entire patio. We
currently have zero landscaping on our property, weeds excluded. I’ve included a list of plants
and locations (on a separate page). This will help beautify the neighborhood and give a look
that’s aesthetically pleasing.
Page 10
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Page 11
REZONE/GDP
1514 OREGON ST
PC: 8-01-2023
MICHAELS SALON & SUITES LLC
1500 OREGON ST
OSHKOSH, WI 54902
ASAP RENTALS LLC
1508 OREGON ST
OSHKOSH, WI 54902
BAREFOOT STAYS LLC
W1962 PLEASANT AVE
MARKESAN, WI 53946
PAUL M BAHR
127 W 15TH AVE
OSHKOSH, WI 54902
LAURA DUESTERHOEFT
1516 OREGON ST
OSHKOSH, WI 54902
JENNIFER BAIER
1522 OREGON ST
OSHKOSH, WI 54902
GEFFERS LLC
8275 PIONEER RD
LARSEN, WI 54947
RICHARD A LUTTENBERGER JR
130 W 16TH AVE
OSHKOSH, WI 54902
JOHN P/STACEY L GAVIN
126 W 16TH AVE
OSHKOSH, WI 54902
STEPHEN R NELSON ETAL
1501 OREGON ST
OSHKOSH, WI 54902
EDDY S BALY GARCES SR
1507 OREGON ST
OSHKOSH, WI 54902
BLUE FROG PROPERTY
MANAGEMENT LLC
126 E MAIN ST
CAMPBELLSPORT, WI 53010
TWELVE FIVE HOLDINGS LLC
3706 BELLSTONE DR
MIDLOTHIAN, VA 23112
HAFERMAN PROPERTY
MANAGEMENT LLC
1514 OREGON ST
OSHKOSH, WI 54902
PAUL HAFERMAN
3011 W HERITAGE AVE
APPLETON, WI 54914
Page 12
W 16TH AV
W 15TH AV
W 14TH AV
ARIZONA ST
NEBRASKA ST
OREGON ST
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 7/5/2023
1 in = 120 ft1 in = 0.02 mi¯1514 OREGON ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 13
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MINNESOTA ST
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W 18TH AV
E SOUTH PARK AV
E 11TH AVW 11TH AV
W 15TH AV
W 10TH AV
W 14TH AV
W 12TH AV W 12TH AV
W 15TH AV
W 14TH AV
W 11TH AV
W 10TH AV
ARIZONA ST
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OREGON ST
Oshkosh City Limit
Oshkosh City Limit
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 7/5/2023
1 in = 500 ft1 in = 0.09 mi¯1514 OREGON ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 14
W 15TH AV
W 16TH AV
OREGON ST
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 7/5/2023
1 in = 100 ft1 in = 0.02 mi¯1514 OREGON ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 15